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Foreign Labor Certification

Important Notice to State Workforce Agencies (SWAs)

As of March 4, 2015, SWAs receiving job orders under 20 CFR 655.15, to be placed in connection with a future application for H-2B workers, can no longer accept or process such job orders under the H-2B program for the purposes of complying with H-2B recruitment requirements.  The regulatory authority for SWAs to accept and process H-2B job orders has been vacated by the court ruling and takes effect immediately. However, employers who have utilized the H-2B program can continue to submit non-H-2B job orders for the purpose of soliciting U.S. workers for their job opportunities.   

Therefore, SWAs must provide written notice to each employer who files a new H-2B job order, as well as those with active or pending job orders filed under 20 CFR 655.15, that the SWA can neither accept nor continue processing such job orders due to the court ruling.  Such written notice from the SWA must also inform the employer that job orders to recruit for U.S. workers may be accepted and processed by the SWA separate and apart from the H-2B program.